WSR 19-07-025
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed March 12, 2019, 3:36 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 357-13-045 Who is responsible for completing the position description form?, 357-19-297 What are the notification requirements for appointing an employee to a cyclic year position?, 357-28-095 Can an employer authorize additional pay to support recruitment and/or retention of a position?, 357-28-100 When must an employer receive director approval to authorize additional pay to support recruitment or retention of an employee or candidate for a position?, 357-31-165 At what rate do general government employees accrue vacation leave?, 357-58-035 What is the definition of a manager or managerial employee?, 357-58-042 What happens when it has been determined that a position no longer meets the definition of manager found in WAC 357-58-035?, 357-58-055 What civil service rules do not apply to Washington management service (WMS)?, 357-58-065 Definitions for Washington management service (WMS), 357-58-085 Can Washington management service (WMS) salaries be set outside the maximum of an assigned management band?, 357-58-095 May agencies provide salary increases for Washington management service (WMS) employees?, 357-58-115 What is a voluntary demotion and what changes may occur in salary?, 357-58-125 What is an involuntary downward movement and how does that affect the salary?, 357-58-126 How is the employee affected when the employee's position is involuntarily moved downward as described in WAC 357-58-125?, 357-58-130 Do salary increases greater than five percent for a group of employees need approval?, 357-58-136 Can an employer authorize a lump sum payment to support recruitment and/or retention of a WMS position?, 357-58-145 When may an agency authorize lump sum relocation compensation?, 357-58-170 What about other pay issues?, 357-58-175 Can an employer authorize lump sum vacation leave or accelerate vacation leave accrual rates to support the recruitment and/or retention of an employee or candidate for a Washington management service (WMS) position?, 357-58-180 Must an agency have a policy regarding authorization of additional leave to support the recruitment of a candidate or the retention of an employee for a WMS position?, 357-58-205 Under what conditions may an employer reassign a Washington management service (WMS) employee?, 357-58-207 How much notice must an employer give when reassigning a Washington management service (WMS) employee?, 357-58-210 When may a Washington management service (WMS) employee transfer to a Washington general service (WGS) position and vice versa?, 357-58-215 May a permanent employee voluntarily demote to a Washington general service (WGS) position?, 357-58-225 What return rights must an employer provide to a permanent Washington management service (WMS) employee who accepts a nonpermanent appointment to a Washington general service (WGS) position?, 357-58-230 May a permanent Washington management service (WMS) employee accept an appointment to a project position in the general service and does the employee have any return right to the employee's permanent WMS position?, 357-58-255 May a permanent Washington management service (WMS) employee accept a project appointment within WMS and does the employee have any return rights to the employee's permanent WMS position?, 357-58-275 May a permanent Washington management service (WMS) employee accept an acting WMS appointment and what are the employee's return rights at the conclusion of the acting appointment?, 357-58-290 How long does the review period last?, 357-58-355 Can a permanent employee voluntarily revert during a review period?, 357-58-375 When permanent WMS employees promote or demote to positions in the general service and fail to complete the trial service period what reversion rights do permanent WMS employees have?, 357-58-395 What is the role of the department of enterprise services?, 357-58-438 What is the impact of a layoff?, 357-58-480 What provisions govern((s)) separation due to disability for Washington management service (WMS) employees?, 357-58-485 What provisions govern((s)) nondisciplinary separation for Washington management service (WMS) employees?, 357-58-490 What provisions govern((s)) separation for unauthorized absence for Washington management service (WMS) employees?, 357-58-500 May an employee request withdrawal of the employee's resignation?, 357-58-515 When a Washington management service (WMS) employee disagrees with an employer's action, can the employee request the employer reconsider the action that was taken?, 357-58-540 What type of records are agencies required to keep and report for WMS employees?, 357-58-552 Under the provisions of temporary layoff, what happens if an employer has less than twenty hours per week of work for a Washington management service (WMS) employee to perform?, 357-58-555 At the conclusion of a temporary layoff, does a Washington management service (WMS) employee have the right to return to the position that was held immediately prior to being temporarily laid off?, and 357-58-565 What mechanism must be used to report WMS inclusion and evaluation activities?
Hearing Location(s): On May 9, 2019, at 8:30 a.m., at the Office of Financial Management, Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501.
Date of Intended Adoption: May 16, 2019.
Submit Written Comments to: Brandy Chinn, Office of Financial Management (OFM), P.O. Box 47500, Olympia, WA 98501, email Brandy.Chinn@ofm.wa.gov, fax 360-586-4694, by May 2, 2019.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by May 2, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments are housekeeping in nature and provide clarification for consistent rule application.
Reasons Supporting Proposal: In April 2018, the WMS coordinator's group requested a review of chapter 357-58 WAC. As a result, a subgroup of five agencies met to review the chapter to determine if there were any updates needed. Additional amendments were a result of questions that have been received from stakeholders. As a result of amending chapter 357-58 WAC it was determined that similar amendments were required for WAC 357-13-045, 357-19-297, 357-28-095, 357-28-100 and 357-31-165 for consistency purposes. These rules were discussed at the February 15, 2019, rules meeting. The ultimate goal is to improve transparency and consistency of WMS as a whole.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [OFM], governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brandy Chinn, 128 10th Avenue, Olympia, WA 98501, 360-407-4141.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
March 12, 2019
Roselin Marcus
Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION(Amending WSR 05-01-201, filed 12/21/04, effective 7/1/05)
WAC 357-13-045Who is responsible for completing the position description form?
The manager of the position is responsible for completing the position description form. If the position is filled, input from the ((incumbent))employee is recommended.
AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)
WAC 357-19-297What are the notification requirements for appointing an employee to a cyclic year position?
Upon appointment and before the start of each annual cycle, ((incumbents))employees of cyclic year positions must be informed in writing of their scheduled periods of leave without pay in the ensuing annual cycle. Scheduled, cyclic leave without pay does not constitute a break in service and is not deducted from the employees' seniority and does not affect the employees' vacation leave accrual rate.
AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-095Can an employer authorize additional pay to support recruitment and/or retention of a position?
(1) Employers may authorize additional pay to support the recruitment or retention of the incumbent or candidate for a specific position. At the employer's discretion, up to a fifteen percent premium may be added to the employee's base salary or paid on a lump sum basis as described in subsection (2). An employee may not receive more than fifteen percent of his/her annual base salary over a twelve month period under the provisions of this section.
(2) In advance of authorizing a lump sum recruitment or retention payment, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer and become part of the ((incumbent's))employee's annual compensation for work performed prior to receipt of any funds.
(3) Any additional pay granted under this section is a premium that is not part of base salary. The premium is to be used only as long as the circumstances it is based on are in effect.
AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-100When must an employer receive director approval to authorize additional pay to support recruitment or retention of an ((incumbent))employee or candidate for a position?
(1) Director approval is required for employers to authorize:
(a) Premiums exceeding fifteen percent under the provisions of WAC 357-28-095; and
(b) Additional pay to support the recruitment and/or retention of like positions at a specific work location.
(2) In advance of authorizing a director approved lump sum recruitment or retention payment, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer and become part of the ((incumbent's))employee's annual compensation for work performed prior to receipt of any funds.
(3) Additional pay granted under this section is a premium that is not part of base salary. The premium is to be used only as long as the circumstances it is based on are in effect.
AMENDATORY SECTION(Amending WSR 18-17-132, filed 8/20/18, effective 9/21/18)
WAC 357-31-165At what rate do general government employees accrue vacation leave?
(1) Full-time general government employees accrue vacation leave at the following rates:
(a) During the first and second years of current continuous state employment - Nine hours, twenty minutes per month;
(b) During the third year of current continuous state employment - Ten hours per month;
(c) During the fourth year of current continuous state employment - Ten hours, forty minutes per month;
(d) During the fifth and sixth years of total state employment - Eleven hours, twenty minutes per month;
(e) During the seventh, eighth and ninth years of total state employment - Twelve hours per month;
(f) During the tenth, eleventh, twelfth, thirteenth and fourteenth years of total state employment - Thirteen hours, twenty minutes per month;
(g) During the fifteenth, sixteenth, seventeenth, eighteenth and nineteenth years of total state employment - Fourteen hours, forty minutes per month;
(h) During the twentieth, twenty-first, twenty-second, twenty-third and twenty-fourth years of total state employment - Sixteen hours per month; and
(i) During the twenty-fifth and succeeding years of total state employment - Sixteen hours, forty minutes per month.
(2) As provided in WAC 357-58-175, an employer may authorize a lump-sum accrual of vacation leave or accelerate the vacation leave accrual rate to support the recruitment and/or retention of a candidate or ((incumbent))employee for a WMS position. Vacation leave accrual rates may only be accelerated using the rates established in subsection (1) of this section and must not exceed the maximum listed in subsection (1)(i) of this section.
(3) The following applies for purposes of computing the rate of vacation leave accrual:
(a) Employment in the legislative and/or the judicial branch except for time spent as an elected official or in a judicial appointment is credited.
(b) Employment exempt by the provisions of WAC 357-04-040, 357-04-045, 357-04-050, 357-04-055 is not credited.
(c) Exempt employment with a general government employer is credited, other than that specified in WAC 357-04-055 which is excluded.
AMENDATORY SECTION(Amending WSR 05-12-068, filed 5/27/05, effective 7/1/05)
WAC 357-58-035What is the definition of a manager or managerial employee?
In accordance with RCW 41.06.022, a manager or managerial employee is defined as the ((incumbent))employee of a position that:
(1) Formulates statewide policy or directs the work of an agency or agency subdivision;
(2) Administers one or more statewide policies or programs of an agency or agency subdivision;
(3) Manages, administers((,)) and controls a local branch office of an agency or an agency subdivision, including the physical, financial((,)) or personnel resources;
(4) Has substantial responsibility in personnel administration, legislative relations, public information((,)) or the preparation and administration of budgets; and/or
(5) Functions above the first level of supervision and exercises authority that is not merely routine or clerical in nature and requires the consistent use of independent judgment.
AMENDATORY SECTION(Amending WSR 06-15-068, filed 7/13/06, effective 8/14/06)
WAC 357-58-042What happens when it has been determined that a position no longer meets the definition of manager found in WAC 357-58-035?
When an agency has determined that the duties of a position no longer meet the definition of manager, found in WAC 357-58-035, and is no longer appropriate in Washington management service (WMS), then provisions of chapter 357-58 WAC ((357-58)) no longer apply. The Washington general service (WGS) rules on reallocation (((WAC 357-13)))(chapter 357-13 WAC) will apply. The employee will retain existing status.
AMENDATORY SECTION(Amending WSR 11-23-054, filed 11/10/11, effective 12/13/11)
WAC 357-58-055What civil service rules do not apply to Washington management service (WMS)?
Except where specifically stated otherwise, the following WAC chapters do not apply to positions or employees included in the Washington management service (WMS):
Chapter 357-01 WAC, Definitions;
Chapter 357-13 WAC, Classification;
Chapter 357-16 WAC, Recruitment, assessment, and certification;
Chapter 357-19 WAC, Appointments and reemployment;
Chapter 357-28 WAC, Compensation;
Chapter 357-46 WAC, Layoff and separation; and
Chapter 357-49 WAC, Director's reviews.
AMENDATORY SECTION(Amending WSR 16-05-056, filed 2/12/16, effective 3/14/16)
WAC 357-58-065Definitions for Washington management service (WMS).
The following definitions apply to chapter 357-58 WAC:
(1) Break in service. An employee has a break in continuous state service if the employee is separated, dismissed or resigns from state service. A furlough for the purposes of temporary layoff as provided in WAC 357-58-550 is not considered a break in continuous state service.
(2)Competencies. Those measurable or observable knowledge, skills, abilities and behaviors critical to success in a key job role or function.
(((2)))(3)Director. State human resources director within the office of financial management.
(((3)))(4)Dismissal. The termination of an individual's employment for disciplinary ((purposes))reasons.
(((4)))(5)Employee. An individual working in the classified service. Employee business unit members are defined in WAC 357-43-001.
(((5)))(6)Evaluation points.((Evaluation points are))The points resulting from an evaluation of a position using the managerial job value assessment chart.
(((6)))(7)Layoff unit. A clearly identified structure within an employer's organization within which layoff options are determined in accordance with the employer's layoff procedure. Layoff units may be a series of progressively larger units within an employer's organization.
(((7)))(8)Management bands.((Management bands are))A series of management levels included in the Washington management service (WMS). Placement in a band reflects the nature of management, decision-making environment and policy impact and scope of management accountability and control assigned to the position.
(((8)))(9)Performance management confirmation. Approval granted by the director to an employer allowing the employer to factor in individual employee performance when granting recognition leave and when making layoff decisions.
(((9)))(10)Premium. Pay added to an employee's base salary on a contingent basis in recognition of special requirements, conditions or circumstances associated with the job.
(((10)))(11)Reassignment.((A reassignment is))An employer initiated movement of:
(a) A WMS employee from one position to a different position within WMS with the same salary standard and/or evaluation points; or
(b) A WMS position and ((its incumbent))the employee in that position from one section, department or geographical location to another section, department or geographical location.
(((11)))(12)Review period.((The review period is))A period of time that allows the employer an opportunity to ensure the WMS employee meets the requirements and performance standards of the position.
(((12)))(13)Salary standard. Within a management band a salary standard is the maximum dollar amount assigned to a position in those agencies that use a salary standard in addition to, or in place of, evaluation points.
(((13)))(14)Separation. Separation from state employment for nondisciplinary ((purposes))reasons.
(((14)))(15)Suspension. An absence without pay for disciplinary ((purposes))reasons.
(((15)))(16)Transfer.((A WMS transfer is))An employee initiated movement from one position to a different position with the same salary standard and/or same evaluation points.
(((16)))(17)Washington general service (WGS).((Washington general service is))The system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW which do not meet the definition of manager found in RCW 41.06.022.
(((17)))(18)Washington management service (WMS).((Washington management service is))The system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 and 41.06.500.
AMENDATORY SECTION(Amending WSR 11-23-054, filed 11/10/11, effective 12/13/11)
WAC 357-58-085Can Washington management service (WMS) salaries be set outside the maximum of an assigned management band?
Compensation for a Washington management service (WMS) position may be set outside the maximum of the assigned management band when allowed under ((any provision of this chapter))WAC 357-58-125 or when approved by the director.
AMENDATORY SECTION(Amending WSR 16-05-056, filed 2/12/16, effective 3/14/16)
WAC 357-58-095May agencies provide salary increases for Washington management service (WMS) employees?
Employers may provide salary increases to Washington management service (WMS) employees in recognition of the employee's demonstrated growth and development in accordance with WAC 357-58-100.
AMENDATORY SECTION(Amending WSR 05-12-068, filed 5/27/05, effective 7/1/05)
WAC 357-58-115What is a voluntary demotion and what changes may occur in salary?
A voluntary demotion is a voluntary movement by an employee to a position ((with))that has a lower salary standard and/or lower evaluation points. Such movement may result in a salary decrease.
AMENDATORY SECTION(Amending WSR 17-11-048, filed 5/15/17, effective 6/19/17)
WAC 357-58-125What is an involuntary downward movement and how does that affect the salary?
An involuntary downward movement is based on a nondisciplinary reassignment of duties that results in a lower salary standard and/or lower evaluation points for an employee's current position. A Washington management service (WMS) employee occupying a position that is ((effected))affected by an involuntary downward movement must be placed within the salary standard established for the WMS position at an amount equal to ((his/her))the employee's previous base salary. If the previous base salary exceeds the new salary standard, the employee's base salary must be set equal to the maximum of the salary standard for the position. The employee's base salary may be set higher than the salary standard maximum, but not exceeding the previous base salary, if allowed by the employer's salary administration policy.
AMENDATORY SECTION(Amending WSR 14-06-007, filed 2/20/14, effective 3/24/14)
WAC 357-58-126How is the employee affected when ((his/her))the employee's position is involuntarily moved downward as described in WAC 357-58-125?
When an employee's position is moved involuntary downward as described in WAC 357-58-125, the following applies:
(1) If the employee meets the position requirements and chooses to remain in the position the employee retains appointment status and ((his/her))the employee's salary is set in accordance with WAC 357-58-125.
(2) If the employee chooses to vacate the position or does not meet the position requirements, the employer's Washington management service (WMS) layoff procedure applies.
AMENDATORY SECTION(Amending WSR 11-23-054, filed 11/10/11, effective 12/13/11)
WAC 357-58-130Do salary increases greater than five percent for a group of employees need approval?
Salary ((changes))increases greater than five percent proposed for any group of five or more employees must be reviewed and approved by the director. A group of employees means five or more employees with the same working title.
AMENDATORY SECTION(Amending WSR 17-18-027, filed 8/28/17, effective 10/2/17)
WAC 357-58-136Can an employer authorize a lump sum payment to support recruitment and/or retention of a WMS position?
(1) With director approval, employers may authorize up to a fifteen percent lump sum payment in addition to the employee's base salary to support the recruitment and/or retention of the ((incumbent))employee or candidate for a specific WMS position.
(2) An employee may not receive more than fifteen percent of their annual base salary over a twelve-month period.
(3) In advance of authorizing a lump sum payment for recruitment and/or retention, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer.
AMENDATORY SECTION(Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)
WAC 357-58-145When may an agency authorize lump sum relocation compensation?
An agency director may authorize lump sum relocation compensation, within existing resources, whenever:
(1) It is reasonably necessary that a ((person move his or her home to accept a transfer or))new or existing employee move their primary domicile to accept an appointment; or
(2) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to move ((his or her home)) in order to accept the position.
AMENDATORY SECTION(Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)
WAC 357-58-170What about other pay issues?
Each agency may establish policies and practices for additional compensation ((such as))for shift differential, call back pay((,)) and standby pay in accordance with the provisions of chapter 357-28 WAC. Other additional compensation may be allowed when approved by the director.
AMENDATORY SECTION(Amending WSR 17-18-028, filed 8/28/17, effective 10/2/17)
WAC 357-58-175Can an employer authorize lump sum vacation leave or accelerate vacation leave accrual rates to support the recruitment and/or retention of an ((incumbent))employee or candidate for a Washington management service (WMS) position?
In addition to the vacation leave accruals as provided in WAC 357-31-165, an employer may authorize additional vacation leave as follows to support the recruitment and/or retention of an ((incumbent))employee or candidate for a specific Washington management service (WMS) position:
(1) Employers may authorize an accelerated accrual rate for an ((incumbent))employee or candidate. The WMS employee would remain at the accelerated accrual rate until the WMS employee's anniversary date caught up to the accrual rate amount in accordance with WAC 357-31-165; and/or
(2) Employers may authorize a lump sum accrual of up to eighty hours of vacation leave for the ((incumbent))employee or candidate.
Vacation leave accrued under this section must be used in accordance with the leave provisions of chapter 357-31 WAC.
AMENDATORY SECTION(Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)
WAC 357-58-180Must an agency have a policy regarding authorization of additional leave to support the recruitment of a candidate or the retention of an ((incumbent))employee for a WMS position?
In order to authorize additional leave for the recruitment and/or retention of a candidate or ((incumbent))employee for a WMS position, an agency must have a written policy that:
(1) Identifies the reasons for which the employer may authorize additional leave; and
(2) Requires that lump sum accruals only be granted after services have been rendered in accordance with express conditions established by the employer.
AMENDATORY SECTION(Amending WSR 09-03-013, filed 1/9/09, effective 2/13/09)
WAC 357-58-205Under what conditions may an employer reassign a Washington management service (WMS) employee?
At any time, an agency may reassign an employee or a position and its ((incumbent))employee to meet client or organizational needs. If the new location is within a reasonable commute of the employee's domicile, as defined by the agency, the employee must accept the reassignment.
If the reassignment is beyond a reasonable commute of the employee's domicile and the employee does not agree to the reassignment, the employee has layoff rights in accordance with this chapter.
NEW SECTION
WAC 357-58-207How much notice must an employer give when reassigning a Washington management service (WMS) employee?
An employer must give fifteen calendar days' written notice to a Washington management service (WMS) employee who is being reassigned unless the employer and employee agree to waive the fifteen days' notice period.
AMENDATORY SECTION(Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)
WAC 357-58-210When may a Washington management service (WMS) employee transfer to a Washington general service (WGS) position and vice versa?
A permanent employee may transfer from a Washington management service (WMS) position to a Washington general service (WGS) position if ((his/her))the employee's salary is within the salary range of the WGS position.
A permanent employee may transfer from a WGS position to a WMS position if ((his/her))the employee's salary is within the management band assigned to the WMS position.
AMENDATORY SECTION(Amending WSR 05-21-053, filed 10/13/05, effective 11/15/05)
WAC 357-58-215May a permanent employee voluntarily demote to a Washington general service (WGS) position?
A permanent employee may voluntarily demote from a Washington management service (WMS) position to a Washington general service (WGS) position at a lower pay level than ((his/her))the employee's current position.
AMENDATORY SECTION(Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)
WAC 357-58-225What return rights must an employer provide to a permanent Washington management service (WMS) employee who accepts a nonpermanent appointment to a Washington general service (WGS) position?
(1) When a permanent Washington management service (WMS) employee has accepted a nonpermanent appointment to a Washington general service (WGS) position within the same agency and the nonpermanent appointment ends, the agency must at a minimum provide the employee the layoff rights of ((his/her))the employee's permanent WMS position. If returning to a permanent WMS position the employee's salary must not be less than the salary of the previously held permanent WMS position.
(2) When a permanent WMS employee has accepted a nonpermanent appointment to a WGS position within ((the))adifferent agency, the original agency must provide layoff rights as specified in subsection (1) of this section for six months from the time the employee is appointed. Any return right after six months is negotiable between the employee and agency and must be agreed to prior to the employee accepting the nonpermanent appointment. If the employee does not return on the agreed upon date, the employee can request placement in the general government transition pool per WAC 357-46-095.
(3) In lieu of the rights provided in subsection (1) or (2) of this section, the agency and the employee may agree to other terms.
AMENDATORY SECTION(Amending WSR 05-21-053, filed 10/13/05, effective 11/15/05)
WAC 357-58-230May a permanent Washington management service (WMS) employee accept an appointment to a project position in the general service and does the employee have any return right to ((his/her))the employee's permanent WMS position?
A permanent Washington management service (WMS) employee may accept an appointment to a project Washington general service (WGS) position as provided in chapter 357-19 WAC. Any right to return to the employee's permanent WMS position is negotiable between the employer and employee and must be agreed to prior to the employee accepting the WGS position. If no return right is agreed to, the employee has the rights provided by chapter 357-46 WAC upon layoff from the project.
AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)
WAC 357-58-255May a permanent Washington management service (WMS) employee accept a project appointment within WMS and does the employee have any return rights to ((his/her))the employee's permanent WMS position?
A permanent Washington management service (WMS) employee may accept an appointment to a project WMS position. Any right to return to the employee's permanent WMS position is negotiable between the employer and employee and must be agreed to prior to the employee accepting the project position. If no return right is agreed to, the permanent employee has the rights provided by WAC 357-58-465 upon layoff from the project.
AMENDATORY SECTION(Amending WSR 08-07-062, filed 3/17/08, effective 4/18/08)
WAC 357-58-275May a permanent Washington management service (WMS) employee accept an acting WMS appointment and what are the employee's return rights at the conclusion of the acting appointment?
Permanent Washington management service (WMS) employees may accept acting appointments to WMS positions.
(1) When a permanent WMS employee has accepted an acting appointment within the same agency and the acting appointment ends((, the agency must at a minimum provide the employee the layoff rights of his/her permanent WMS position. If returning to a permanent WMS position the employee's salary must not be less than the salary of the previously held permanent WMS position))the following applies:
(a) The agency may agree to return the employee to a permanent WMS position. If returning to a permanent WMS position, the employee's salary must not be less than the salary of the previously held permanent WMS position.
(b) The agency at a minimum provide the employee the layoff rights of the employee's permanent WMS position in accordance with WAC 357-58-465.
(2) When a permanent WMS employee has accepted an acting appointment within a different agency, the original agency must provide layoff rights as specified in subsection (1) of this section for six months from the time the employee is appointed. Any return right after six months is negotiable between the employee and agency and must be agreed to prior to the employee accepting the nonpermanent appointment. If the employee does not return on the agreed upon date, the employee can request placement in the general government transition pool per WAC 357-46-095.
(3) In lieu of the rights provided in subsection (1) and (2) of this section, the agency and the employee may agree to other terms.
AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)
WAC 357-58-290How long does the review period last?
Based on the nature of the job and the skills of the appointee, the review period will be between twelve and eighteen months as determined by the appointing authority. At the time of the appointment, the appointing authority will inform the appointee in writing of the length of the review period. If an employee in a Washington management service (WMS) review period accepts a nonpermanent position in a Washington general service (WGS) position, upon return to the WMS position the employer may suspend the review period and allow the employee to resume where the employee left off or start the review period over.
AMENDATORY SECTION(Amending WSR 05-21-053, filed 10/13/05, effective 11/15/05)
WAC 357-58-355Can a permanent employee voluntarily revert during a review period?
Within the first thirty calendar days of any review period, a permanent employee may request to voluntarily revert to ((his/her))the employee's former employer. If the former employer authorizes the reversion, the following applies:
(1) If the employee holds permanent status in Washington management service (WMS), the employer must place the employee in a vacant funded WMS position for which the employee is qualified((,)) and that is comparable to the employee's position and salary prior to the last WMS appointment.
(2) If the employee holds permanent status in Washington general service (WGS) and has not yet gained permanent status in WMS, the employee has reversion rights in accordance with WAC 357-19-115, 357-19-117((,)) and 357-19-120.
AMENDATORY SECTION(Amending WSR 14-24-025, filed 11/21/14, effective 12/22/14)
WAC 357-58-375When permanent WMS employees promote or demote to positions in the general service and fail to complete the trial service period what reversion rights do permanent WMS employees have?
(1) When a permanent WMS employee promotes to a WGS position within the same agency and is reverted during the trial service period, the agency must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the WGS appointment. If no vacant funded positions are available, the agency must place the employee in a WMS position for which the employee is qualified and which is similar to the employee's previous position and salary. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.
(2) When a permanent WMS employee demotes to a WGS position in the same agency and is reverted during the trial service period the agency must place the employee in a vacant funded WMS position for which the employee is qualified and with a salary that is equal to or less than the salary range maximum of the class from which the employee is reverting. If no vacant funded positions are available, the agency must place the employee in a WMS position for which the employee is qualified and which is similar to the employee's previous position and salary. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.
(3) When a permanent WMS employee promotes or demotes to a WGS position in a different agency and is reverted during the trial service period, the employer may separate the employee by providing fifteen calendar days' written notice. The employee may apply for the general government transition pool.
AMENDATORY SECTION(Amending WSR 11-23-054, filed 11/10/11, effective 12/13/11)
WAC 357-58-395What ((will be))is the role of the department of enterprise services?
The department of enterprise services shall assist state agencies by providing a quality developmental and leadership training program and consultative and technical assistance to help agencies address the development needs of their managers.
AMENDATORY SECTION(Amending WSR 06-03-075, filed 1/12/06, effective 2/13/06)
WAC 357-58-438What is the impact of a layoff?
Layoff is an employer-initiated action taken in accordance with WAC 357-58-445 that results in:
(1) Separation from service with an employer;
(2) Employment in a Washington management service (WMS) position with a lower salary standard or evaluation points or a Washington general service (WGS) position with a lower salary range maximum((;
(3) Reduction in the work year)); or
(((4)))(3) Reduction in the number of work hours.
AMENDATORY SECTION(Amending WSR 05-12-071, filed 5/27/05, effective 7/1/05)
WAC 357-58-480What provisions govern((s)) separation due to disability for Washington management service (WMS) employees?
Washington management service (WMS) employees may be separated due to disability in accordance with WAC 357-46-160, 357-46-165, 357-46-170, and 357-46-175.
AMENDATORY SECTION(Amending WSR 05-12-071, filed 5/27/05, effective 7/1/05)
WAC 357-58-485What provisions govern((s)) nondisciplinary separation for Washington management service (WMS) employees?
Employers may separate Washington management service (WMS) employees for nondisciplinary reasons in accordance with WAC 357-46-195, 357-46-200((,)) and 357-46-205.
AMENDATORY SECTION(Amending WSR 05-12-071, filed 5/27/05, effective 7/1/05)
WAC 357-58-490What provisions govern((s)) separation for unauthorized absence for Washington management service (WMS) employees?
Employers may separate Washington management service (WMS) employees for unauthorized absence in accordance with WAC 357-46-210, 357-46-215, 357-46-220 and 357-46-225.
AMENDATORY SECTION(Amending WSR 05-12-072, filed 5/27/05, effective 7/1/05)
WAC 357-58-500May an employee request withdrawal of ((his/her))the employee's resignation?
An appointing authority or employing official may permit withdrawal of a resignation at any time prior to the effective date.
AMENDATORY SECTION(Amending WSR 14-24-023, filed 11/21/14, effective 12/22/14)
WAC 357-58-515When a Washington management service (WMS) employee disagrees with an employer's action, can the employee request the employer reconsider the action that was taken?
Each agency will develop procedures to reconsider agency actions at the request of the employee. The agency's procedure must identify those actions for which an employee may request reconsideration. At a minimum, the agency's procedure must allow an employee to request reconsideration of the following:
(1) Salary adjustment (or lack thereof) when the responsibilities of the permanent employee's position have been changed.
(2) Placement following reversion of a permanent employee.
(3) Decisions about whether or not a position is included in the Washington management service (WMS). When reconsidering decisions concerning inclusion in WMS the following apply:
(a) The final agency internal decision must be made by the agency director or designee.
(b) If the ((incumbent))employee disagrees with the agency director/designee's decision, ((he/she))the employee may request a review by the director, as long as such request is made within fifteen calendar days of notification of the decision. Such review will be limited to relevant documents and information and will be final.
AMENDATORY SECTION(Amending WSR 06-07-048, filed 3/9/06, effective 4/10/06)
WAC 357-58-552Under the provisions of temporary layoff, what happens if an employer has less than twenty hours per week of work for a Washington management service (WMS) employee to perform?
If an employer has less than twenty hours per week of work for a Washington management service (WMS) employee to perform during a period of temporary layoff, the employer must ((notify))provide notification to the WMS employee that ((he/she)) is being furloughed. The employer may then offer the available work hours to the WMS employee as an acting appointment under the provisions of WAC 357-58-265.
AMENDATORY SECTION(Amending WSR 06-07-048, filed 3/9/06, effective 4/10/06)
WAC 357-58-555At the conclusion of a temporary layoff, does a Washington management service (WMS) employee have the right to return to the position ((he/she))that was held immediately prior to being temporarily laid off?
At the conclusion of the temporary layoff, the Washington management service (WMS) employee has the right to resume the position ((he/she))that was held immediately prior to being temporarily laid off. The employee returns with the same status and percentage of appointment ((he/she))that was held prior to the layoff.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 357-58-540
What type of records are agencies required to keep and report for WMS employees?
WAC 357-58-565
What mechanism must be used to report WMS inclusion and evaluation activities?